Hawaii

Federalism

SB2217: clarifies that medical use of cannabis is not considered to be a state or federal crime

HB2572: clarifies that medical use of cannabis is not considered to be a state or federal crime

HB2031: interisland transportation of cannabis

Medical Marijuana

Medical Cannabis Program

Haw. Rev. Stat. §§ 329-121 to 329-131 (2017)

2017 Act No. 170 PDF
Medical Use of Marijuana
EFFECTIVE DATE: June 14, 2017

2000 Act No. 228 PDF
Medical Use of Marijuana
EFFECTIVE DATE: June 14, 2000

Haw. Rev. Stat. §§ 329D-1 to 329D-27 (2017)

2017 Act No. 41 PDF
Medical Marijuana Dispensary System
EFFECTIVE DATE: June 20, 2017

2016 Act No. 230 PDF
Medical Marijuana Dispensary System
EFFECTIVE DATE: July 11, 2016

2015 Act No. 241 PDF
Medical Marijuana Dispensary System
EFFECTIVE DATE: July 1, 2015

Department of Health Administrative Rules for the medical use of cannabis, Chapter 11-160 PDF

[§329D-2] Medical marijuana dispensaries; authorized; licensure.
(f) Up to two production centers shall be allowed under each dispensary license, provided that each production center shall be limited to no more than three thousand marijuana plants.

Just for reference, here is the federal penalty for 1,000 or more marijuana plants
$10/50 million — 10 years to life in prison — 21 U.S.C. § 841(b)(1)(A)(vii) (2016)

Federal Penalties

21 U.S.C. § 841(b)(1)(A)(vii)
1000 kilograms (2204.62 pounds / 1.10231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight
$10/50 million — 10 years to life in prison

21 U.S.C. § 841(b)(1)(B)(vii)
100 kilograms (220.462 pounds / 0.110231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight
$5/25 million — 5 to 40 years in prison

21 U.S.C. § 841(b)(1)(C)
50 to 99 kilograms or 50 to 99 plants
$1/5 million — up to 20 years in prison

21 U.S.C. § 841(b)(1)(D)
less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil,
$250,000/$1 million — up to 5 years in prison

21 U.S.C. § 844

Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both,

except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500,L

except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.

21 U.S.C. § 844a

(a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.

(b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.

(c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.

(d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions.

(e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.

Industrial Hemp

Industrial Hemp Pilot Program

Haw. Rev. Stat. §§ 141-31 to 141-40 (2017)

Haw. Rev. Stat. § 712-1260 (2017)

  • Establishes an industrial hemp pilot program overseen by the Hawaii Department of Agriculture.
  • Allows the Board of Agriculture to certify hemp seeds.

2017 Act No. 199 PDF
Industrial Hemp
EFFECTIVE DATE: July 11, 2017

2016 Act No. 228 PDF
Industrial Hemp
EFFECTIVE DATE: July 7, 2016

Industrial Hemp Administrative Rules PDF

Marijuana Classification

Hawaii
Does Hawaii have scheduling criteria? Yes
Are Hawaii and federal criteria the same? No
Code citation of the schedules (see below)
Haw. Rev. Stat. §§ 329-13 to 329-22 (2017)
Is marijuana listed in a schedule? Yes
Is scheduling by statute or administrative rule? Legislative
Is there an administrative process? Yes
Code citation of the process (see below)
Haw. Rev. Stat. § 329-11 (2017)
How many schedules are there? 5
What schedule is marijuana in? Schedule 1
When was marijuana included in this schedule? January 1, 1973

History

1972 Act No. 10 PDF
Uniform Controlled Substances Act
EFFECTIVE DATE: January 1, 1973

Page last updated on January 6, 2018